accuRx Terms and Conditions

We are accuRx Ltd. We build products for healthcare professionals to easily communicate with each other and patients.

These Terms & Conditions ("Terms") apply when you use our software, either via the accuRx desktop app or accuRx Web ("accuRx" or the "Service"). By accessing and using accuRx, you agree that you and your employer will be bound by these Terms, the accuRx Privacy Policy, and accuRx Data Processing Agreement.

These Terms do not apply where you are employed by an organisation that has agreed separate terms with us - for example, services procured under the NHS Digital Care Services Catalogue suite of agreements or via a direct written agreement with us.

In short: Welcome to accuRx. We need some ground rules for our platform to work for everyone and these Terms lay them out.

Using accuRx

For accuRx to support all healthcare professionals, everyone makes some promises about how they will use the Service.

Registering for accuRx

By registering an accuRx account (“Account”),you agree:

  • to these terms on behalf of the healthcare organisation you are employed by and any other healthcare organisation you are acting on behalf of when using the Service (your “Organisation");
  • you are authorised to give all permissions and instructions in these Terms, the Data Processing Agreement, and within the Service, on behalf of your Organisation; and
  • you will use accuRx in your capacity as a healthcare professional only and you have a valid NHSmail account.

Reference to "you" and "your" in these Terms means you and your Organisation.

In short: You confirm you will only use accuRx in your role as a healthcare professional and you agree to these Terms on behalf of your Organisation.

Using accuRx

When accessing and using accuRx, you agree to:

  • only use your unique login credentials and not share your credentials with anyone else;
  • be responsible for all actions in your account on the Service;
  • ensure your account details are up to date, including the healthcare organisation that you are currently employed by - you can update your details by contacting support@accurx.com;
  • only use accuRx in compliance with these Terms, all applicable laws, and the Caldicott Principles;
  • only use accuRx in a professional way in connection with the provision of direct care to patients ("Authorised Use");
  • always provide accurate and complete information;
  • not transmit any inappropriate or offensive content;
  • be responsible for all data you provide directly or indirectly via the Service and any data derived from your use of the Service;
  • not do anything that infringes our or any third party's intellectual property rights;
  • cooperate as necessary to enable us to fulfill our obligations under these Terms;
  • not use accuRx in any way that could damage, disable, overburden, or compromise our systems or security, or interfere with other users;
  • not make any attempt to gain unauthorised access to the Service or knowingly transmit any data or material which is malicious or could adversely affect the Service;
  • not attempt to copy, modify, duplicate, create derivative works from, or otherwise change the whole or any part of the Service or attempt to decompile, disassemble or reverse engineer the Service; and
  • not attempt to access all or any part of the Service in order to build a product which competes with the Service.

In short: You will use accuRx sensibly and professionally to communicate with other healthcare professionals and patients, and not for any other purpose.

Our promises to you

We want to build the best communication platform for healthcare professionals.

So, we promise to:

  • always deliver the Service in compliance with the law;
  • maintain all necessary permissions and licences to provide the Service;
  • use all reasonable commercial efforts to ensure the Service is available to you at least 99.5% of the time during any calendar month for as long as we provide the Service to you. Non-availability due to any events caused by third parties or any events outside our reasonable control will not count towards the availability calculation;
  • provide online support between 8:30am and 6:00pm Mondays to Fridays, and 9am to 12:30pm on Saturdays;
  • monitor our servers for outages and material errors, and notify you if any such event occurs; and
  • provide support for critical outages and aim to resolve outages promptly.

In short: We will do our best to keep our Service running as smoothly as possible and support you with any issues.

Licence

We grant you a limited, non-exclusive, non-transferable and revocable licence to use the Service for the Authorised Use, subject to these Terms and other policies or agreements we provide to you.

We retain ownership and all intellectual property rights in the Service, any modifications, adaptations, or developments to it, and any data derived from your use of the Service. You also assign to us with full title guarantee all intellectual property rights in any feedback, comments or suggestions you may have in connection with the Service, which we may incorporate into the Service.

In short: We are giving you access to accuRx, but we still own all rights in it.

Technology

We work hard to make our Service easy to use and reliable. By using accuRx, you accept that:

  • we may change the Service at any time (including making, adding, updating or removing products) and these Terms will apply to any changes;
  • we may request you install updates - if you fail to install manual updates, you may lose access to the Service or functionality may be impaired;
  • the Service may be interrupted or subject to errors;
  • we may modify, suspend or discontinue any part of the Service without notice
  • parts of the Service rely on third parties (such as electronic patient record systems), so they may be unavailable or interrupted if the third party has a malfunction, maintenance needs or other disruption; and
  • your use of the Service will be monitored for security, service delivery and audit purposes.

In short: Our Service will not be perfect all the time, and it may change along the way. Parts of the Service are built on top of third parties so this may affect availability. We will always seek to minimise disruption and rectify issues as quickly as possible.

Security

Security is incredibly important to us. We work hard to put best in class security and information governance at the heart of the Service.

To support this, you should:

  • safeguard access to your devices where you access accuRx;
  • maintain a secure and confidential password for your use of the Service;
  • not share your login credentials with anyone else; and
  • inform us immediately if you suspect any unauthorised access to your Account.

In short: We have safeguards to make accuRx secure, but we need you to be careful as well.

Compliance

We monitor our Service to ensure compliance with these Terms.

If you suspect any potential breach of these Terms, you should notify us. Upon receiving notification of misuse, we will investigate the issue.

If we identify any violation of these Terms, we reserve the right to remove any content, reverse any actions in the Service and/or suspend or terminate your licence.

We will report any evidence of serious and frequent misuse to relevant authorities and regulators as required.

In short: We take misuse of our Service very seriously and will take action to prevent it. If you suspect any misbehaviour, please let us know.

Charges

Products provided under these Terms are free of charge. These Terms only apply to your usage of the Service where this is not covered by the NHS Digital Care Services Catalogue suite of agreements or via a direct written agreement with us (“Free Use”).

We reserve the right to change our charging policies for Free Use at any time, but we will always give you reasonable notice first.

In short: We currently provide products under these Terms free of charge. We may change that in the future, but we will always let you know ahead of time.

Third parties

The Service includes information provided by third parties.

For example:

  • if you are a secondary care clinician using Record View, you may see medical record information provided by your patient’s GP;
  • if you are a GP, you may receive an email from a secondary care clinician using accuMail; and
  • if you are sending an SMS to a patient, their contact number will be pulled from your electronic patient record system.

All third party information delivered as part of the Service is provided on an "as is" basis. accuRx assumes no responsibility for, and expressly disclaims any liability arising from use of or reliance on, third party information.

If you provide information which is used by a third party as part of the Service, we have no responsibility or liability for how that information is used.

In short: We provide the infrastructure for healthcare professionals to communicate, but we are not responsible for the content of those communications.

Our liability

The Service is provided on an "as is" basis without any express or implied warranty.

You are responsible for determining that the Service meets your requirements and we give no assurances that the Service will be fit for purpose.

If we do not follow these Terms, then we will be responsible for any foreseeable loss or damage that you suffer caused by us. In addition, even if we don't follow these Terms, we won't be responsible for any loss or damage that isn't foreseeable. When we say "foreseeable", we mean that:

  • it was obvious that it would happen; or
  • at the time we made this agreement, we and you both knew that it might happen.

To the fullest extent permitted by law, we will not be responsible or liable for:

  • any loss or damage not caused by our breach;
  • any business loss (including loss of profits or revenues);
  • any indirect, incidental, punitive, exemplary, special, or consequential damages;
  • any loss of data, use, goodwill, or other intangible losses;
  • any loss or damage arising from an inability to access or use the Service, or any inaccuracies in the Service;
  • any content on the Service, and any loss or damage arising from use of or reliance on such content;
  • any unauthorised access, use or alteration of your account, transmissions or content, or any virus or malware infecting your device as a result of the Service; and
  • any delays, delivery failures, or any other loss or damage resulting from use or unavailability of the Service.

To be clear, we do not limit our responsibilities to you where it would not be lawful. For example, we do not limit our responsibility to you when we have caused death or personal injury due to our negligence.

Subject to the above, our aggregate liability for any claims relating to the Service in contract, tort, or otherwise is limited to the sum of £1,000,000 per year.

In short: We are building the best Service we can, but (like other software providers) we are not liable for various things that may occur as a result of using accuRx.

Termination

We may suspend or terminate your access to the Service at any time for any reason. We will endeavour to provide you with notice, but we do not have to. You will have no claim against us if we suspend or terminate your Account.

Upon termination, your licence to use accuRx will immediately end and you agree to stop using the Service. Any rights, remedies, obligations or liabilities that have accrued up to the termination date, including rights relating to your breach of these Terms at or before the termination date, will be unaffected.

You can stop using accuRx at any time. If you stop using accuRx, any personal data you provided will be treated in accordance with our Privacy Policy.

In short: We can stop use of our Service at any time, but we will only do this with good reason. You can stop using accuRx any time you wish.

General

Changing the Terms

We may revise these Terms at any time. We'll do our best to keep you up to date when we're making changes to these Terms - we don't need to give you any notice beforehand, but we'll try to be reasonable and let you know when we can.

The most recent Terms will always be published on our website. By continuing to access or use accuRx, you agree to be bound by the most up to date Terms.

If you have any questions about these Terms, please reach out via support@accurx.com.

Rights under the Terms

You cannot transfer or assign your licence or any other rights you have under these Terms to another party. If you try to make any transfer or assignment, it will be void.

We can transfer, assign, or subcontract any of our rights and obligations under these Terms as long as it does not negatively affect the Service to you.

These Terms are only enforceable by us and you, and not by any third party.

Governance

If any provision of these Terms is deemed invalid, that provision will be removed or replaced by a new provision of similar meaning, and the remainder of these Terms will continue in full effect.

We can enforce these Terms at any time. If we do not enforce any right or provision in these Terms, this will not constitute a waiver of the right or provision. If we do grant a waiver of any provision of these Terms, the waiver will be limited to that provision only and we can reverse it at any time.

These Terms are governed by English law.

If you have any dispute with accuRx, you agree to contact us first and attempt to resolve the issue informally. If we are not able to resolve the dispute with you informally, we both agree it shall be subject to the exclusive jurisdiction of English courts.

In short: We can update these Terms at any time and we will endeavour to let you know. These Terms are only between us, unless we need to transfer them to another party. If there is any disagreement about these Terms, we will work together to resolve it first.

Parties

These Terms are a contract between you and accuRx Ltd.

accuRx Ltd is registered in England & Wales under company number 10184077. Our registered office is at 27 Downham Road, London, N1 5AA.